7:02:51 AM 08.10.09
June 16, 2004
by Mark Scaramella
Last February 25th, Christian Cerelli, 20, described as a transient by the Mendocino County Sheriff's Department, and Jerrell Robles, 21, of Calpella, ripped off Detlef Hamman's medical marijuana.
Mr. Hamman is a 65-year old resident of Greenfield Ranch and is a card-carrying consumer of medicinal marijuana.
Mr. Hamman had allowed Cerelli to stay with him when Cerelli said he was homeless, but trouble soon developed between the samaritan and the street punk.
According to Cerelli's subsequent letter of apology to Judge Henry Nelson, composed after Cerelli was arrested for armed home-invasion robbery — Mr. Hamman "grabbed me in a place not wanted by me several times and said, 'Let's hump'."
His testicles intact and unhumped, Cerelli was nevertheless offended by the invitation, whether or not it had been extended. He was so offended by the perhaps mythical event that he began thinking about stealing Mr. Hamman's reserves of medicinal cannabis.
The ensuing crime wasn't particularly well planned. According to Linda Thompson, Cerelli's Public Defender, the theft "appeared more like the type of conduct that might be discussed or planned while stoned." Amended, Ms. Thompson's surmise might read, "This crime appeared to have been planned and carried out by two exceedingly stupid individuals who are even dumber than they usually are when they're loaded."
Robles and Cerelli drove to Mr. Hamman's rural trailer home on Find Yer Way Road on Greenfield Ranch in the hills west of Redwood Valley. They had cannily thought to cover the license plates of their robber mobile with a towel, a precaution certain to inspire impertinent inquiries from law enforcement of this type: "Hey! Why are you two morons driving around with your license plates covered with towels?"
Cerelli, having been Mr. Hamman's house guest, was familiar with both the property and Mr. Hamman's daily routine. The two mopes, thinking hard, thought if they waited a while Hamman would leave so they could simply sneak in and snag his pot. They waited a whole half an hour, but Mr. Hamman was still not out the door.
Robles and Cerelli, archetypal members of The Instant Gratification Generation, could wait no longer for the old fuddy duddy to exit his home. They put on their ski masks and charged on into Hamman's trailer. The intrepid bandits assumed Mr. Hamman, a certified Senior Citizen, would be no match for a pair of Mendo-bred stoners. Hell, two young guys and a knife shouldn't have any trouble grabbing an old guy's pot. We'll cut the geezer to his gizzard if he tries to hit us with his Medi-Care card.
Of all their miscalculations, their blithe assumption that Mr. Hamman would be unwilling to engage them in hand-to-hand combat was Robles' and Cerelli's most errant. The old guy proved to be a lot tougher than they'd assumed he'd be. Pot people of whatever age are radically more inclined to die for their smoke than give it up to thieves — especially a thieving ingrate like Cerelli.
So Cerelli and Robles burst into Hamman's trailer with Robles brandishing the knife. (Cerelli, of course, later said he didn't know anything about any knife.) Robles pinned Mr. Hamman on his bed with the knife aimed straight at the old guy's throat as Cerelli loaded Hamman's marijuana into the getaway truck.
But Mr. Hamman astonished Robles by knocking the knife from Robles' flabby hand. During the ensuing scramble for the weapon, with Robles unable to get primary knife recovery position from a man old enough to be his grandfather, Robles dashed out the door, jumped into the truck with its license plates draped in bath towels and, Robles at the wheel of the getaway truck, the two low-rent fools sped down Find Yer Way Road towards Ukiah.
Robles and Cerelli were jubilant. Their (presumably) first home invasion robbery had been a big success. R&C had all the pot they could smoke with plenty left over to sell. Except for the old fart being a lot more combative than they thought he'd be, Robles and Cerelli were home free!
Not.
Mr. Hamman (surprise!) had easily recognized Cerelli by his voice, clothes and body type. Cerelli and Robles were also known to the local Sheriff's deputy who investigated the robbery. The deputy had seen Cerelli and Robles in Robles' truck, which Mr. Hamman described to the deputy in such precise detail it was instantly identifiable despite the bandidos' cagey towel-over-the-license-plates ploy.
As it happened, while the cops were interviewing Mr. Hamman at The Superette in Calpella where Hamman had gone to report the crime, Robles and Cerelli were out back unloading Hamman's marijuana from the toweled truck. Yes, the vic was in front of the store with the cop while the two mopes were out back unloading the dope. Both parties were unaware of the other's presence. One site, one crime victim, two perps, one cop.
Several locals soon told deputies that they'd seen Robles and Cerelli come into town and unload large quantities of marijuana behind the Superette. Cerelli and Robles had also bragged to several of their friends about their big score.
"The police had pretty much the full story before the two were arrested," said prosecutor Keith Faulder. "We never got to a point where we considered the problem of dealing with Mr. Hamman's possession of a possibly illegal substance or checking out his Proposition 215 status."
Robles and Cerelli were arrested with the stolen marijuana in their gloating possession. They appeared to be surprised at how fast the cops had gotten on to them.
When Cerelli was booked into the Mendocino County Jail a routine fingerprint scan revealed that he'd been convicted of a felony drug charge in Missouri under the name Lawrence Morris. The fingerprint results were filed away without further attention being paid to them at the time.
Unaware that the cops knew about his prior dope adventures in Missouri, Cerelli-Morris promptly informed his probation officers — Mr. King and Ms. Stenback — that he was an orphan who had lived on the streets most of his life after his mother and two sisters had died in a car accident when he was five years old. The Probation Department duly incorporated Cerelli's sad orphan story into their probation report without checking Cerelli's prints themselves or asking the jail what the Cerelli-Morris print check had revealed. The Probation Department knows that all incoming perps get their prints run through the system. Neither P.O. bothered to check, which is performance par for the job this department does for the taxpayers of Mendocino County.
Public Defender Linda Thompson deployed the defective probation report to argue that her client shouldn't be sent to jail, but should be shown mercy and lenience. Hell, maybe Cerelli should be licensed to steal, given that he's had such a hard time of it. Not every orphan is Ray Charles.
"There's nothing to indicate that there was ever any agreement that anyone would be armed during the commission of the crime," said Thompson to Judge Henry Nelson, "nor was there ever any indication that Mr. Hamman was actually physically restrained. No weapon was used by Mr. Cerelli nor was there any evidence of understanding on the part of Mr. Cerelli that Mr. Robles intended to arm himself, nor was there really any plan that they would enter the residence while the victim was present. The crime itself demonstrates a lack of criminal sophistication and professionalism on the part of the defendant and appears more like the type of conduct that might be discussed or planned while stoned. ... This young man has no prior record, which should be given great weight in that he has pretty much been on his own and on the streets since he was quite young. The defendant is ready and willing to comply with the terms of probation. His sincerity is evidenced by the letter of apology attached hereto. ... The defendant is quite sorry for his conduct during the robbery and showed remorse for his conduct during these proceedings and in the probation report. Also, see attached letter of apology that Mr. Cerelli wishes to have given to the victim. ... These are two young men who like to smoke marijuana even though it appears that Mr. Cerelli was trying to minimize his marijuana use. Mr. Cerelli, upset by the purported conduct of Mr. Hamman, made a very stupid and costly mistake. However, it was not very clever, smart, or criminally sophisticated conduct. ... Mr. Cerelli has no known criminal history and a single isolated act, even though quite serious, does not warrant the conclusion that he poses a danger to the community. ... Circumstances in mitigation: defendant has no prior record which should be given significant weight in light of his difficulties thus far in his young life. The defendant does suffer from a mental health condition, namely bipolar disorder, and he had not been taking his medication due to circumstances beyond his control. Further, he has a very serious anger control problem that has never been fully addressed by therapy. Though it is a problem that Mr. Cerelli is very cognizant of — he has certainly had problems while in jail pending judgment and sentencing — the defendant acknowledged wrongdoing at an early stage of the proceedings. Counsel believes that Mr. Cerelli is salvageable and should not be sent directly to state prison. We can assist him in addressing both the bipolar disorder and the anger problem. State prison is not going to provide treatment or assistance with true rehabilitation. The victim himself, even though quite angry with both of these young men, indicated to the probation officer that he knew that they had problems and he hopes they can get help. He suggested a good dose of jail time."
Cerelli and Robles pled guilty to the robbery on April 26, 2004, in Judge Henry K. Nelson's court, hoping that Ms. Thompson's plea for leniency would keep them out of jail.
Prior to sentencing, however, when Prosecutor Faulder reviewed the file, he noticed that it didn't include any record of a criminal background check or fingerprints. Faulder asked DA Investigator Frank Rakes to check for the missing information. It took Rakes only a few minutes to retrieve the fingerprint scan results from the jail and to call the Missouri police for their records on Cerelli-Morris.
Rakes discovered that "Cerelli" was Mr. Morris's mother's maiden name and that Mommy lived in Redding. After a couple more calls, Rakes got hold of Mrs. Cerelli, now a resident of Red Bluff a few minutes south of Redding on I-5. Rakes informed Mrs. Cerelli that he had found her son, and that he was being prosecuted for a armed marijuana home invasion robbery. Both pieces of information were indifferently received by Mommy.
At the time of sentencing, DA Faulder possessed the results of Rakes' quick but revealing investigation, the quick and revealing investigation that should have been done by the tag-team probation officers and the public defender. Faulder cheerfully informed Mr. Cerelli/Morris — and Judge Nelson — that he had good news for him: "Mr. Cerelli, I'm happy to inform you that we have found your mother — she's alive and well and living in Red Bluff."
No longer an orphan, although still bi-polar — half crook, half moron — Judge Nelson sentenced Cerelli-Morris to six years in state prison.
If Ms. Thompson or the Mendocino County Probation Department had made any attempt to check out Mr. Cerelli's story and his criminal history before trotting out the fatuous orphan story in court, it's more likely that Cerelli-Morris might have been given the lesser sentence reserved for the incompetent. In other words, because the Probation Department and the Public Defender were equivalently incompetent, this particular idiot is going to do twice the time most incompetents do for comparable crimes.
As for old Crotch-Grab and the County's medicinal marijuana battalions, next time you gear up for a dope initiative, why not go all out for legalization to clear the air, if not your heads. If your smoke was street legal, crime would be left to criminals, not the educationally handicapped.
http://www.theava.com/04/0616-cerelli.html